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Terms and Conditions

eStock Photo ("ESP")

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ESTOCK PHOTO HEREIN NOW REFERRED TO AS ESP. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). BY CLICKING ON THE " I ACCEPT THE TERMS AND CONDITIONS" BOX AT THE TIME OF REGISTERING OR BY CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

All of the text and The copyrights to the images on this ESP web site are owned by the individual photographers who created the images and/or ESP. The general design, text and images of this web site are protected by copyright, trademark and other laws relating to intellectual property rights.

You agree to furnish accurate information when registering with ESP. You are responsible for maintaining the confidentiality of your user name and password. You agree to take reasonable steps to prevent others from obtaining your access information and to notify ESP of any unauthorized access or need to update or remove access for any of your employees or agents. You will be liable for payment for all Images downloaded by others, with or without your permission or knowledge prior to the time that you notify ESP of any unauthorized use.

COMP/PERMITTED USAGE
ESP grants you a personal, non-exclusive, non-transferable, right to copy the images you have selected onto your computer hard drive or disk and to use the image and any derivative works or copies, on one computer and with one user at a time only in the United States for no longer than 60 days. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ("Comps"). The Comps can only be used as in-house presentations, story boards, or rough draft designs for yourself or your clients. Other than the comp usage, Images may not be used in any way until an invoice indicating your rights to use the Image is paid in full. Unless otherwise specifically stated, Images remain the property of ESP and/or its photographer. You do not acquire any right, title or interest in or to any Image, including, without limitation , any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein.

IF YOU ORDER/PURCHASE AN IMAGE USING THIS WEB SITE, THEN THE "LICENSE AGREEMENT" AND THE "TERMS AND CONDITIONS" WILL ALSO APPLY TO YOUR USAGE RIGHTS FOR THAT IMAGE.

To obtain reproduction rights for images not available for hi-res delivery on this web site, you must contact ESP

eStock Photo
1-800-284-3999
1170 Broadway
New York, NY 10001
e-mail: sales@estockphoto.com

Images found on the ESP web site are to be licensed for use in the USA ONLY. You must attain written permission from ESP for any image on this web site to be used outside of the USA.

ESP grants you the non-exclusive right to use the Images according to the rights selected and indicated on the " Shopping Cart" and "Check Out" menus filled out by you during the licensing process. ESP's Invoice and the associated License Agreement for the Image (s) will set forth the details of the order and conditions of use.

Unless otherwise agreed, use of any Image is strictly limited to 1 year from the date of invoice.

To obtain exclusivity rights for an image, you must contact an ESP Sales representative. (See contact info above)

Full credit and copyright information MUST remain with the digital file when saved onto your hard drive.

Editorial use of Images must be accompanied by the following credit line: copyright: Photographer/Agency

Model Releases / General Release Information
You may NOT rely on model releases or other releases for any Image unless these releases are expressly acknowledged by ESP IN WRITING. If ESP erroneously advised you that an Image is released when it is not, ESP's liability shall be limited to the amount you paid ESP for the Image. You agree to indemnify ESP against all claims arising out of the use of any Image where the existence of a release has not been expressly acknowledged IN WRITING by ESP. ESP makes no representation or warranty with respect to the right to use names, content, images, trademarks, logotypes, designs or art depicted in any Image. You or your client MUST satisfy itself that all necessary rights, consents or permissions that may be required for reproduction are secured from the appropriate party.

RESTRICTIONS AS TO USE OF IMAGES
Use of the Image beyond the terms of the limited License Agreement without first obtaining an additional license is absolutely prohibited. You may not use the image in any manner that is defamatory, whether directly or in context or juxtaposition with specific subject matter. You may not use any Image in connection with any potentially sensitive issue including but not limited to, sex, pornography, contraception, abortion, sexually transmitted diseases, mental or physical abuse, domestic violence, physical or mental challenges, illness of any kind, prostitution or phone call centers, dating services, AIDS, substance abuse, alcohol, tobacco, cancer or possible defamation or disparagement of character or product. Under certain circumstances "Sensitive issue releases" may be available for an Image and that release may allow licensing providing written consent is attained directly from ESP or from one of its Photographers. It is your responsibility to determine if that release is sufficient for your use and you specifically indemnify ESP, its employees, assigns and contributors in any lawsuit that is a result of your usage of the Image. Archiving, republishing or transmitting any Images on any database without ESP's prior written consent is prohibited. No Copying or publishing any of the Images to a network or bulletin board or otherwise distributing or allowing any of the Images to be distributed to or used by anyone other that the authorized users, without prior written consent from ESP. You may not sublicense, rent or lease any of the Images. You may not use the Image in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. Shipping, transferring or exporting any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations without ESP's written consent. User assumes full liability for its employees, agents, assigns and freelance or contract staff for the misuse of any Images displayed on this web site.

WARRANTIES
The information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. ESP makes no warranties or representations regarding the accuracy or completeness of the information. ESP nor its photographers shall be liable to you for any general, special, direct, indirect, consequential, incidental, or other damages arising out of the rights granted herein.

LIMITATION OF LIABILITY
Under no circumstances will ESP or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the images or (b) the inability to obtain additional rights to the images (including making additional copies) even if ESP has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the image, their representative, and ESP shall be the fee paid for the image to ESP.

INDEMNIFICATION
You agree to indemnify and hold ESP and its Photographer's harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement. You are responsible for loss or damage to the Image(s) delivered to you from the time of receipt until their return to ESP. You are responsible for the safe delivery and return of the Images and you indemnify ESP against loss or damage to the Images in transit or while in your possession. This agreement is not considered a bailment and is specifically conditioned upon the items delivered being returned toe ESP in the same condition as received. You assume an insurer's liability herein for the safe and undamaged return of the Images You have (2) two working days upon delivery of Images to report in writing to ESP of any damage to the Images, If no written correspondence has been received within the two days, you are solely responsible for the loss or damage to the Images and will reimburse ESP the agreed upon reasonable sum of $250 per dupe or digital scan and $1500 per original image. You acknowledge that ESP must be advised in writing of any re-use or extended use prior to each release or publication.

RETENTION AND RETURN OF DIGITAL FILES AND OTHER MEDIA
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under the License Agreement. Film and or prints must be returned within 30 days of receipt. Failure to return original or dupe film, subjects you to damages.

GOVERNING LAW
The interpretation of this Agreement shall be governed by the laws of the State of New York, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, New York pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If ESP is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.

eStock Photo,LLC.
1-800-284-3399
sales@estockphoto.com
1170 Broadway New York, NY 10001

© 2008 All images on this site are the copyrighted property of eStock Photo, LLC. or the individual photographers who created the images. Any use of the images contained on this site without permission of eStock Photo, LLC. is in violation of copyright law and is prohibited. By continuing to use this site, or by downloading any image you agree to our terms and conditions.